Tuesday, July 17, 2012

The divisional bench of the Honorable High Court of Karnataka
consisting of Hon Justice Nagamohan Das and Hon Justice Boppana reserved
its judgment on an application filed by Sri Madhu Pandit Dasa and
others requesting the Honorable court to expunge some of the remarks
made in the judgment pertaining to the ISKCON Bangalore and Mumbai
litigation.
It may be recalled that on 23rd May 2011, divisional bench
consisting of Hon Justice Nagamohan Das and Hon Justice Arali Nagaraj
had upheld the appeal filed by ISKCON Mumbai. In its verdict it had
stated that the suit schedule property of Hare Krishna Hill belonged to
ISKCON Mumbai. ISKCON Bangalore aggrieved by this verdict had filed a
special leave petition before the Honorable Supreme Court of India,
which is hearing the same and verdict is yet to be given. Next hearing
of the same has been listed for Aug 22nd 2012.
In the meanwhile an application seeking to expunge some of the
remarks made in the Honorable High Court’s verdict, was filed by Sri
Madhu Pandit Dasa and others, the application was listed for hearing in
High Court on 13th July 2012.
Sri Harishankar counsel for Madhu Pandit Dasa, President of ISKCON
Bangalore, presented the case to the court. Sri Hari Shankar requested
that the adverse remarks made in Paragraphs No. 67, 69, 70, 71 and part
of paragraph No. 29 Lines 18 to 24, paragraph 32 Lines 5, 6, 7 and para
48 Lines 37 & 38 of the Judgment passed by the Hon’ble Court in RFA
No. 421/2009 dated 23.5.2011 be expunged.

In his pleadings Sri Madhu Pandit Dasa argued that in its verdict the
Honorable High Court had stated that I have fabricated documents and
inserted seal subsequently on some of the documents.
Counsel for Madhu Pandit Dasa explained to the court that the
documents submitted were indeed certified copies obtained from the
respective offices and that they were not fabricated, the authenticity
of which is not disputed. He further added that documents pertaining to
the sales tax and telephone numbers do not have the plaintiff societies’
seal as mentioned in the judgment. He argued that as the suit and
appeal was between ISKCON Mumbai and Bangalore societies. The Honorable
court has not heard from Madhu Pandit Dasa personally about the alleged
fabrication and it is against the principles of justice to make adverse
remarks without first hearing the person(s) in question, the counsel
further added.
Sri Uday Holla former Advocate General of Karnataka and designated
senior advocate of the High Court and senior counsel of ISKCON Mumbai
argued that the application should be dismissed. He went on to argue at
length that indeed fraud was committed by Madhu Pandit Dasa and his
associates. During the course of the this lengthy argument the Hon
Justice Sri Nagamohan Dasa observed that the applicant is focusing on
the fact that he was not heard personally before passing the adverse
remarks. The matter now before the court pertains to this issue alone.
Senior counsel for ISKCON Mumbai argued that as Madhu Pandit Dasa was
the President and an office bearer of the society had enough opportunity
to be heard and was heard by the court through the various applications
filed during the course of the appeal and suit. He further said that
remarks passed in the order are intrinsic to the judgment and should not
be expunged.
Responding to the arguments of the counsel for Mumbai, Sri Hari
Shankar argued that it is imperative that one will have to go into
details of the case in its entirety and hear the accused before
concluding that he indeed is a fraud. Subsequent to hearing the
arguments of the counsel on both sides Honorable court reserved its
judgment.
One should also recall that on April 17th 2009, the trial court had given its verdictthat
ISKCON Bangalore is indeed an independent society and that temple on
Hare Krishna hill, Rajajinagar belongs to it, and ISKCON Mumbai should
not interfere with the affairs of ISKCON Bangalore.